T.T. v. Marin County Mental Health Youth and Family Services

Filing 89

APPOINTMENT OF SPECIAL MASTER AND ORDER OF REFERENCE. Signed by Judge Alsup on March 20, 2013.. (whalc1, COURT STAFF) (Filed on 3/20/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 United States District Court For the Northern District of California 10 T.T., a minor, by and through his guardian ad litem SUSAN T., No. C 12-02349 WHA 11 Plaintiff, APPOINTMENT OF SPECIAL MASTER AND ORDER OF REFERENCE 12 v. 13 COUNTY OF MARIN, 14 Defendant. / 15 16 The parties having agreed upon a special master, the Court hereby appoints Marc 17 Bernstein as a special master with respect to attorney’s fees and costs due plaintiff . 18 The Court has already determined that plaintiff is a prevailing party on his special 19 motion to strike as to two of defendant’s counterclaims (Dkt. Nos. 47, 58). Plaintiff is entitled 20 to fees and costs under Code Civ. Proc. § 425.16(c)(1). Plaintiff is only entitled to reasonable 21 fees for work that was efficiently carried out and which bore a substantial relationship to 22 prevailing on the motion. The extent to which plaintiff prevailed is detailed in the Court’s 23 January 25, 2013 order (Dkt. No. 77). 24 The special master shall have all the powers set forth in FRCP 53(c) and FRCP 25 54(d)(2)(D). The parties shall provide the special master with copies of all motion papers and 26 other documents relevant to this dispute. The special master shall review the briefs and 27 declarations by the parties on the pending motion, hear argument, and then determine a 28 reasonable amount to award, including any fees on fees. The special master shall also determine the extent to which any discovery should be permitted — with the caution that 1 further discovery should be the exception and not the rule. The special master shall then 2 prepare and file a report on recommended findings and amount. The special master shall 3 complete his determination by APRIL 25, 2013. Absent any supplementation allowed by the special master, the submissions already 4 5 made shall be the entire record for the motion. Any further submissions for the special 6 master’s use should not be filed with the Court. If objections are later made to the special 7 master’s report, the objecting party must file a declaration submitting to the Court a complete 8 appendix of relevant communications with the special master. The Court will allocate the fees of the special master in a fair and reasonable manner, 9 United States District Court For the Northern District of California 10 taking into account the reasonableness of the parties’ respective positions and the special 11 master’s recommendation in this regard. If the movant must pay, then the special master’s 12 compensation shall be deducted from the attorney’s fee award. If the opposing party must pay 13 the special master, then it shall pay the special master and pay the award. The Court will, 14 however, reserve final judgment on allocation of the expense of the special master until a final 15 determination of the fee issue. A final award shall then be entered. Costs will be determined in strict compliance with the local rules. If a review is sought 16 17 regarding taxable costs, then the issue may also be referred to a special master (or may not). 18 19 IT IS SO ORDERED. 20 21 22 Dated: March 20, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 23 24 REFERENCE ACCEPTED BY MASTER. 25 26 27 Dated: 28 2

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